exam 2008 - EXAM NO. ENTERTAINMENT LAW PROFESSOR MICHAEL...

EXAM NO. ENTERTAINMENT LAW PROFESSOR MICHAEL GRIZZI FALL, 2008 DECEMBER 12, 2008 2:00 P.M. 2 HOURS OPEN BOOK YOU MUST STOP WRITING WHEN INSTRUCTED TO DO SO BY THE PROCTOR. FAILURE TO DO SO WILL BE CONSIDERED A BREACH OF ACADEMIC DUTY AND WILL BE REPORTED TO THE DEAN'S OFFICE BY THE PROCTOR. DO NOT LIFT THIS COVERSHEET UNTIL INSTRUCTED TO DO SO BY THE PROCTOR. Page 1 of 5

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Entertainment Law Final Exam Fall, 2008 As a reminder, the best answers will be grounded in more than personal opinion, and will make reference to cases, legal theories and arguments discussed in class. Questions 1 and 2 will each contribute 37.5% of the exam score, and Question 3 will contribute 25%. Question 1 You are O. Kanobi, Esq., an attorney in good standing with the California State Bar, with an office in Hollywood, California. Your client, Jenna Maroney, an actress, has made an appointment to see you today. You invite her into your office, and before she even sits down, she starts telling you her story in an excited manner: “Help me, Obi-Wan, you’re my only hope! You lawyers always come to the rescue. Aren’t you the one who dealt with that wardrobe malfunction at the kindergarten for me? Anyway, this morning was supposed to be the first day of shooting of my first film, a musical remake of “Mystic Pizza”. As I drove to the set, I called my accountant to make sure I’d gotten the pre-production payment I’m due for this film. The check had arrived and cleared, so I felt confident this was not a fly-by-night operation and I went right into make-up and hair when I arrived. An hour or so later, I’m called into a meeting with Jack Donaghy, the president of the production company, MegaPictures. Apparently, the funding for the film had fallen through. I was so furious, because I wanted my film debut to focus on my singing abilities, rather than the talent I obviously display as a dramatic actress on my soap opera, “As The World Turns Around All My Children”. I started to storm out of the MegaPictures offices, but I was stopped by Donaghy (whom I suddenly remembered meeting about eighteen months ago at a party at a club, just down the street from here). He said “No worries, we’ve lined you up to star in another film, “The Rural Juror”, and we can start that one filming next week. You’ll love it! We won’t have those funding problems because “The Rural Juror” will be shot in only two locations over four weeks, so the budget is less than half the budget of “Mystic Pizza: The Musical”, and we can cover that ourselves. You’ll be the star of course, just as in “Mystic Pizza: The Musical”, and you’ll finally be able to nab that Oscar nomination you’ve been after. This is the role of a lifetime – the first mute to be seated on an Oklahoma jury.” “Absolutely not,” I barked. “How will my fans react to not hearing my beautiful voice on screen?” As I again started to storm out, Donaghy responded, “I don’t think you’ll be going

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